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44. SCOTUS

Garland v. Cargill, USSC No. 22-976, June 14, 2024, affirming Cargill v. Garland , 57 F.4th 447 (5th Cir. 2023) (en banc); Scotusblog page (with links to briefs and commentary) ATF exceeded authority when it defined “machinegun” to include bump stocks. The National Firearms Act of 1934 prohibits possessing or transferring a “machinegun,” which is… Read more

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Samia v. United States, USSC No. 22-196, 143 S. Ct. 2004, June 23, 2023, affirming U.S. v. Hunter, et al., Nos. 18-3074-cr, 18-3489-cr, 19-790-cr (2nd Cir. Apr. 20, 2022) (not reported); Scotusblog page (with links to briefs and commentary) A majority of the Supreme Court affirms the use of a confession of one non-testifying co-defendant… Read more

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Haaland et al. v. Brackeen et al., USSC No. 21-376, 143 S.Ct. 1609 (June 15, 2023), affirming in part, reversing in part, and vacating and remanding 994 F.3d 249 (5th Cir. 2021); Scotusblog page (including links to briefs and commentary) This is a guest post by Attorney Matthew Giesfeldt of the Madison Appellate office, who… Read more

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Legal innocence is not enough

Jones v. Hendrix, 143 S.Ct. 1857, 599 U.S. __ (June 22, 2023); Scotusblog page (containing links to briefs and commentary) The Court, in a 6-3 opinion authored by Justice Thomas, holds that the savings clause in 28 U.S.C.  2255(e) bars a prisoner from using an intervening change in the interpretation of a federal criminal statute to… Read more

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Counterman v. Colorado, USSC No. 22-183, 6/27/2023; Scotusblog page (with links to briefs and commentary) In a case with possible implications for Wisconsin law, SCOTUS holds that in a criminal prosecution involving “true threats,” the State must prove the person “consciously disregarded a substantial risk that his communications would be viewed as threatening violence.” Counterman… Read more

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Pugin v. Garland, USSC Nos. 22-23 & 22-331, 2023 WL 4110232 (June 22, 2023), affirming Pugin v. Garland, 19 F.4th 437 (4th Cir. 2021) and reversing Garland v. Cordero-Garcia, 44 F.4th 1181 (9th Cir. 2022); Scotusblog page (including links to briefs and commentary Noncitizens convicted of an “aggravated felony” may be deported from the United States… Read more

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Smith v. United States, USSC No. 21-1576, 2023 WL 4002949 (June 15, 2023), affirming United States v. Smith, 22 F. 4th 1236 (11th Cir. 2022); Scotusblog page (including links to briefs and commentary). A unanimous Supreme Court holds that the Constitution does not bar retrial of a defendant whose conviction is reversed because the prosecution… Read more

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Lora v. United States, USSC No. 22-49, 2023 WL 4034313 (June 16, 2023), vacating and remanding United States v. Lora, unreported summary order (2d Cir. Feb. 15, 2022); Scotusblog page (including links to briefs and commentary) Resolving a circuit split, a unanimous Supreme Court engages in a plain-language reading of a statute requiring a judge… Read more

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